Slip and Fall / Premises Liability: Injured

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Slip and Fall and Premises Liability

Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.

Recently in Slip and Fall / Premises Liability Category

Flora Kim and David Kang, of Dallas, Texas were enjoying the annual meeting of the American Association of Oral Maxillofacial Surgeons at the Hilton Hawaiian Village in Waikiki September 2014 with their son. That was until the boy’s foot got caught in an escalator at the resort, tearing skin from his leg and requiring emergency surgery.

Now the parents are suing Crocs, claiming that the shoes the boy was wearing at the time were “negligently and improperly designed,” and that the company knew about the risk to children wearing their shoes on escalators.

Slip and falls send one million of us to the hospital emergency room every year, are the leading cause of workers' compensation claims, and account for half of all accidental deaths in the home. And while many of us may be quick to blame ourselves and our clumsiness for a fall, the cause may have been a dangerous condition with the floor or surface we were walking on.

In order to recover for injuries based on someone else's negligence in constructing or maintaining a safe walking environment, you may need to prove the dangerous condition in court. How? By preserving as much physical evidence from the scene as possible.

For many of us, summer time is pool time. Whether that means rolling the tarp off the pool in the backyard and hosting a party or taking the kids to a public pool for the day, we're going to be spending a lot of time in and around the water. And where we spend a lot of time, injuries are bound to happen. So whose fault is it if you're injured at a pool, and are you liable for injuries at yours?

Swimming pools actually occupy a unique place in injury law, and can provide unique challenges for pool owners and those injured at pools. So here are the five biggest questions when it comes to swimming pool injuries, and where you can find the answers:

Whether on foot, on your motorcycle, or even in a car, unrepaired potholes can be a serious injury risk. A recent case in Utah proves how hard it can be to hold municipalities responsible for pothole injuries.

In 2011, Salt Lake City resident Jeffrey Wood seriously injured his left arm when he tripped in an unrepaired pothole in the street. Although city workers had visited the street over 20 times in the four months the pothole had been there, the Utah Court of Appeals found that a district court was correct in ruling that the city was not negligent failing to identify and repair the pothole.

Here’s a deeper look at that decision, and pothole injury lawsuits in general.

Suing for Elderly Slip and Falls

Slip and fall injuries are much more dangerous for the elderly than anyone else and they are, unfortunately, relatively common. The problem is that when an older person falls and breaks a bone, healing occurs more slowly or not at all.

A minor fall can mean a major life change for a person of advanced age, necessitating full-time in-home care or a move to a nursing home. So let’s consider what a plaintiff must prove to recover damages in case of a slip and fall or another injury.

Spring is fast approaching. Meaning that the season where our nation’s youth, in the prime of their poor decision-making lives, will venture forth to hot, dangerous, and alcohol-filled locations is nearly upon us. Which destination will prove the most perilous? What new and gruesome injuries will our country’s college students bring home from equatorial climes?

Here are the five most likely spring break injuries, based on our experience:

When Are Hotels Liable for Injuries?

You are staying at The Ritz Carlton and loving it ... until you slip and fall in the hotel lobby and hurt your back. Can you sue?

Yes. Hotels are responsible for reasonably foreseeable injuries on their premises caused by their negligence. But not all injuries happen due to negligence, or are foreseeable, so let's take a look at the elements of a claim and what you will have to prove to get the Ritz to pay for your hospital stay.

Sue the Government for Salt Damage to My Car?

So you are sick of the damage to your car that comes with snowy winters and salted roads and you are not going to take it anymore! You’re ready to sue someone for this tort, someone like the city, and the county, and the state.

It can be done, but there are a few things you should know first.

If you’re hitting the slopes this season, chances are you’re travelling to the mountains and staying in a resort near the ski area. And chances are also that you’ll have a good time and return home injury-free.

But if you don’t, could the ski resort be liable for your injuries? That could depend on how and, possibly more importantly, where you were injured.

'Tis the Season for Slip and Falls -- Who's Liable?

Who's liable for your injury after a slip and fall accident? That depends on a number of factors, most importantly where you fell, whether it's public property, a business, or a residence.

Premises liability law makes home and business owners responsible for injuries that occur on their property. If you fall in a store or some area the business manages, like the parking lot, then the store may be liable for your injury if it was caused through its negligence. Similarly, if you are a guest in someone's home and you get hurt as a result of a failure on the owner's part, the homeowner may be liable.